These Terms govern access to KavaCore websites and, when expressly incorporated, KavaCore services or self-service products. Signed MSAs, SOWs, order forms, DPAs, and product-specific terms control over conflicting public terms.
This public policy applies unless a signed agreement, order form, statement of work, data processing addendum, or product-specific terms expressly provide otherwise.
Agreement and eligibility
By accessing a KavaCore website, creating an account, placing an order, or using a service that references these Terms, you agree to them. You must be at least 18 years old and legally capable of entering into a binding agreement.
If you use a service on behalf of a business or organization, you represent that you have authority to bind that organization.
Services and product-specific terms
KavaCore provides technology consulting, AI engineering, software development, managed technology, digital growth services, and may offer software, AI, automation, API, or subscription products through KavaCore.ai or other KavaCore properties.
A proposal, order form, statement of work, product plan, or other service-specific document may describe scope, deliverables, dependencies, service levels, fees, usage limits, and additional terms. If there is a conflict, the more specific signed or accepted document controls for that service.
Accounts and security
- Provide accurate account and billing information and keep it current.
- Protect credentials, API keys, access tokens, and administrator accounts.
- Notify us promptly of suspected unauthorized access.
- You are responsible for activity under your account except to the extent caused by KavaCore’s breach of an applicable obligation.
Fees, invoices, and subscriptions
Fees may be paid by invoice, Stripe, or another approved payment method. Prices, billing frequency, renewal terms, taxes, and due dates are stated in the applicable checkout, order form, proposal, invoice, or agreement.
A recurring subscription renews only as disclosed at purchase or in the applicable order. You may cancel future renewal using available account controls or by contacting us before the next renewal date. Cancellation does not automatically create a refund for a period in which service or access has already been provided.
Our Billing & Payments Policy and Refund Policy provide additional rules.
Customer Content and data
As between you and KavaCore, you retain ownership of content you provide, subject to any separate agreement. You grant KavaCore and its approved service providers a limited right to host, copy, transmit, transform, and otherwise process Customer Content only as reasonably necessary to provide, secure, support, and improve the applicable service, comply with law, and enforce agreements.
You represent that you have the rights, permissions, notices, and lawful basis needed to provide Customer Content and instruct KavaCore to process it.
AI features and outputs
AI-generated results can be incomplete, inaccurate, biased, or unsuitable for a particular purpose. You are responsible for evaluating outputs before relying on them, especially for legal, medical, financial, employment, credit, insurance, housing, safety, or other high-impact decisions.
Unless a signed agreement expressly states otherwise, KavaCore does not provide legal, medical, accounting, investment, or other licensed professional advice through AI outputs.
Acceptable use
You must comply with our Acceptable Use Policy. We may investigate suspected abuse and may suspend or restrict access where reasonably necessary to protect users, systems, providers, or the public.
Intellectual property
KavaCore and its licensors retain all rights in KavaCore names, logos, websites, software, documentation, methodologies, templates, pre-existing technology, and other materials except rights expressly granted in writing.
Ownership of custom project deliverables is determined by the applicable SOW or agreement. Unless otherwise stated there, KavaCore retains ownership of pre-existing tools, generalized know-how, reusable components, and improvements that do not contain Customer Confidential Information.
If you provide feedback, you grant KavaCore a perpetual, worldwide, royalty-free right to use that feedback without obligation to you.
Third-party services
Services may interoperate with third-party cloud, AI, payment, analytics, infrastructure, or customer-selected platforms. Third-party services are governed by their own terms. KavaCore is not responsible for third-party outages, changes, or acts except to the extent a signed KavaCore agreement expressly provides otherwise.
Suspension and termination
You may stop using a free website or service at any time. Paid services may be terminated as provided in the applicable order or agreement.
We may suspend access for nonpayment, material breach, security risk, unlawful use, abuse, or conduct that threatens KavaCore, another user, a provider, or the service. Where reasonable, we will provide notice and an opportunity to cure.
Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KAVACORE WEBSITES AND ANY FREE OR BETA FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” KAVACORE DISCLAIMS IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT SUCH DISCLAIMERS ARE PROHIBITED BY LAW OR A SIGNED AGREEMENT PROVIDES EXPRESS WARRANTIES.
We do not guarantee uninterrupted operation, specific business results, search rankings, advertising performance, revenue, AI accuracy, or compatibility with every third-party system unless expressly stated in a signed agreement.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE UNDER THESE PUBLIC TERMS FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.
FOR A PAID SELF-SERVICE SERVICE GOVERNED SOLELY BY THESE TERMS, KAVACORE’S AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNTS PAID TO KAVACORE FOR THAT SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. FOR FREE WEBSITE USE, THE AGGREGATE CAP IS $100. THESE LIMITS DO NOT APPLY WHERE PROHIBITED BY LAW. A SIGNED CUSTOMER AGREEMENT MAY PROVIDE DIFFERENT LIMITS.
Indemnification
To the extent permitted by law, you will defend and indemnify KavaCore against third-party claims arising from your Customer Content, your unlawful or unauthorized use of the services, or your material violation of these Terms or the Acceptable Use Policy, except to the extent the claim results from KavaCore’s own breach, negligence, or willful misconduct.
Governing law and venue
These Terms are governed by the laws of the State of Illinois, without regard to conflict-of-law rules. Unless applicable law requires otherwise or a signed agreement states a different forum, disputes arising from these Terms will be brought in the state courts located in Will County, Illinois, or the United States District Court with jurisdiction over Will County, Illinois, and each party consents to personal jurisdiction there.
We are not imposing mandatory arbitration through these public Terms. A separately negotiated agreement may include a different dispute-resolution process.
Changes and contact
We may update these Terms prospectively. Material changes to a paid service will be communicated where required. Questions may be sent to [email protected].